Traffic Violations

Traffic Violations

Why shouldn’t I just pay my traffic citation?

If you pay your traffic ticket, you are admitting guilt and it will be recorded on your driving record. Additionally, you will be assessed points for moving violations that could lead to a suspension of your driving privilege. Most insurance companies receive this information and use it to increase your insurance rates. There are many defenses to traffic citations that most people are unaware of. The law is on your side; contact us to evaluate your case.

How We Can Help

Paying your traffic citation is a plea of guilty that can lead to points, fines, and increase in insurance rates. Contact The Law Office of M. Ameen to defend your citation and protect your rights. Call us 24 hour a day, 7 days a week, toll free 1-800-436-8332 to set up a free consultation and discuss your case with an attorney today!

Florida Speeding Statute (F.S. 316.183)

316.183 Unlawful speed.–

  • (1) No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event, speed shall be controlled as may be necessary to avoid colliding with any person, vehicle, or other conveyance or object on or entering the highway in compliance with legal requirements and the duty of all persons to use due care. (2) On all streets or highways, the maximum speed limits for all vehicles must be 30 miles per hour in business or residence districts, and 55 miles per hour at any time at all other locations. However, with respect to a residence district, a county or municipality may set a maximum speed limit of 20 or 25 miles per hour on local streets and highways after an investigation determines that such a limit is reasonable. It is not necessary to conduct a separate investigation for each residence district. The minimum speed limit on all highways that comprise a part of the National System of Interstate and Defense Highways and have not fewer than four lanes is 40 miles per hour, except that when the posted speed limit is 70 miles per hour, the minimum speed limit is 50 miles per hour.(3) No school bus shall exceed the posted speed limits, not to exceed 55 miles per hour at any time.4) The driver of every vehicle shall, consistent with the requirements of subsection (1), drive at an appropriately reduced speed when:
  • Approaching and crossing an intersection or railway grade crossing;
  • Approaching and going around a curve;
  • Approaching a hill crest;
  • Traveling upon any narrow or winding roadway; and
  • Any special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.(5) No person shall drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or in compliance with law. (6) No driver of a vehicle shall exceed the posted maximum speed limit in a work zone area.
  • A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.

Florida Careless Driving Statute (F.S. 316.1925)

316.1925 Careless driving.–

  • Any person operating a vehicle upon the streets or highways within the state shall drive the same in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person. Failure to drive in such manner shall constitute careless driving and a violation of this section.
  • Any person who violates this section shall be cited for a moving violation, punishable as provided in chapter 318.

Florida Traffic Control Device Statute (F.S. 316.074)

316.074 Obedience to and required traffic control devices.

  • The driver of any vehicle shall obey the instructions of any official traffic control device applicable thereto, placed in accordance with the provisions of this chapter, unless otherwise directed by a police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this chapter.
  • No person shall drive any vehicle from a roadway to another roadway to avoid obeying the indicated traffic control indicated by such traffic control device.
  • No provision of this chapter for which official traffic control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official device is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that official traffic control devices are required, such section shall be effective even though no devices are erected or in place.
  • Whenever official traffic control devices are placed in position approximately conforming to the requirements of this chapter, such devices shall be presumed to have been so placed by the official act or direction of lawful authority unless the contrary shall be established by competent evidence.
  • Any official traffic control device placed pursuant to the provisions of this chapter and purporting to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this chapter unless the contrary shall be established by competent evidence.
  • A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.

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